Raush v. Miller
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Schuylkill county. This was an action of trespass quare clausum fregit, to March Term, 1849, by John Kaush and John M. Bickel v. Samuel Miller, Charles Miller, and others. The plea was liberum tenementum. The plaintiffs claimed under a warrant of 28th February, 1792, to Christian Kaup, for 50 acres of land, adjoining land of Peter Kaup and John Wentz. April 2, 1792, receipt of the receiver-general for the purchase-money on 50 acres.
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Error to tbe Common Pleas of Schuylkill county. This was an action of trespass quare clausum fregit, to March Term, 1849, by John Kaush and John M. Bickel v. Samuel Miller, Charles Miller, and others. The plea was liberum tenementum. The plaintiffs claimed under a warrant of 28th February, 1792, to Christian Kaup, for 50 acres of land, adjoining land of Peter Kaup and John Wentz. April 2, 1792, receipt of the receiver-general for the purchase-money on 50 acres. There was given in evidence a copy, made in February, 1806, of a survey stated by the deputy surveyor to have been made by Henry…
1Opinion of the Court
The opinion of the Cchirt was delivered, May 17, 1855, by
Lewis, C. J.
This was an action of trespass quare clausum fregit, in which the plea was liberum tenementum ; and the Court, on the whole evidence, directed a verdict for the defendants.
The plaintiffs claimed under'a warrant granted to Christian Kaup for fifty acres on the 28th February, 1792, receipt for the purchase-money oí fifty acres, dated 2d April, 1792; survey alleged to have been made of 136 acres 34 'perches ; survey returned 28th June, 1852. The evidence that this survey was made in pursuance of the warrant to Christian Kaup is…
2Cases cited3 opinions
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832
- Zerbe v. SchallSupreme Court of Pennsylvania · 1835
- Overton v. GibsonSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Mineral Railroad & Mining Co. v. AutenSupreme Court of Pennsylvania · 1898